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The Woodlands Business & Commercial Law Blog

Construction law can help resolve defect claims

Construction services, whether utilized for residential or commercial purposes, are widely used in Texas. Both areas are currently seeing massive growth, and the demand for quality construction teams is high. Unfortunately, the process of building can be stressful, and disputes between builder and client may arise. For some, defects may be found after a project is complete. For this and other problems, construction law may be able to help resolve any resulting legal claims.

Construction defects may occur for a myriad of reasons. Problems with work quality or the quality of supplies used in a project can have a significant impact on the end-result. If defects are found, legal claims to resolve or compensate for any damage can be filed against the party deemed responsible for the issue. The responsible party can be the builder, any subcontractors, architects, engineers or any other professionals involved in the building project.

Business formation: A bold choice for college grads

Quite a few Texans are working their way through school with the hopes of finding a job in their field of study when all is said and done. While many will find, at least, an entry level position to get them started, few will find their dream job right out of school. Many more may not find a job at all. This can be disturbing and make the whole endeavor seem like it was all for naught, but, for those ready to put in a lot of hard work, business formation may be the answer to their job woes.

The decision to start a business from the ground up is a bold choice for anyone, whether they are fresh out of college or have years of business experience. The story of one college graduate, though, is inspiring to others who may wish to pursue a similar course of action. This Harvard grad went from being unable to find work to owning and operating a successful business that is now valued at approximately $600 million.

What forms of relief are available in breach of contract cases?

Contracts are a big part of owning and operating a business. They are used for just about everything, big and small. While these legal documents do a great job at keeping those on both sides of the contract responsible for doing their share, things happen, and a breach of contract may occur. Those in Texas who have been burned by someone not holding to their end of the deal can pursue legal action in order to acquire relief for the losses incurred as a result.

The amount of damages caused by a breach of contract will determine what type of legal filing is appropriate. Some cases may be filed in small claims court, while those with significant losses may be taken to civil court. There are three basic remedies associated with a breach of contract, which are:

  • Damages
  • Specific performance
  • Cancellation and restitution

Businesses looking to expand may encounter a number of issues

Business owners who are looking to expand their economic footprint may encounter a number of legal issues on the way. While expansion is certainly an exciting thing, it is important for business owners to not overlook protecting their investment. As the growth of businesses is big in Texas right now, assistance is available to owners at every stage of the expansion process.

Businesses of all kinds are growing and expanding across the state. As the economy continues to improve, retail shops and restaurants, in particular, are seeing an increase in customers. The owner of one specific restaurant, which is currently based out-of-state, is looking into opening not just one but two locations in North Texas in the next few years. In the desire to expand, several factors will need to be considered, including any differences in state business laws.

Insuring a business is a must, but insurance disputes may arise

Texas business owners have a lot of reasons for wanting to protect their companies and employees. Opening and running a successful business is a big investment, and a number of issues can affect both the future of the business and an owner's personal economic status. Along with taking necessary legal steps to protect a company, having proper insurance is also a must. Unfortunately, even if insurance is obtained, insurance disputes may arise.

In many cases, having certain types of insurance may be required by law -- such as workers' compensation insurance. This kind of insurance can protect employees and business owners if injury or illness happens on-the-job; however, not all business types are required to supply this kind of coverage. Other types of insurance may be required as part of a business contract. Business owners who rent a business facility may not be responsible to obtain coverage for the building, but protecting the property contained within the space is advisable.

Construction boom may result in increased construction disputes

Industrial construction is on the rise in Texas. While this boom in building may be good for the local economy, construction disputes are likely to come up. Certain legal protections can help avoid some of these disputes from the onset; however, other legal remedies may be necessary to help resolve the ones that can't be predicted, avoided or easily rectified.

According to a recent news report, the industrial construction market in the northern part of the state has seen its best year in over a decade. In the year 2014, approximately 15.3 million square feet of industrial space was built. This is a massive increase from the previous year, which only saw a total of 8.8 million square feet of warehouse space developed.

Legally protecting family-owned businesses is a must

When some people consider opening a family-owned business, they may not know exactly what is needed to fully protect that business. Family-operated businesses are big in Texas, but they can be easily torn apart if certain precautions are not taken. Several legal documents are available to grant the protections needed, so the interests of all partners are safeguarded.

One of the first agreements family company owners may want to consider is a family business agreement. This can actually be broken down into more specific agreements, but overall, this creates a guide for how the business should be run and where each contributor would like the business to go in the future. Not only does this offer certain protections, but it can also reduce future conflicts.

Partnership disputes leads to company founder being fired

Building a business from the ground up is no easy task. If success is found, business operations may require expansion in order to keep up with demand. In some industries, the cost to expand can be quite substantial. Texas entrepreneurs may require the financial backing of investors in order to afford growing their business. Investors are certainly a valuable asset; however, if a conflict in vision for the company occurs, partnership disputes may arise.

The story of a successful business owner here in Texas may be familiar to many. The founder and president of Balcones, an award-winning distillery, saw almost instant success. Business grew so rapidly that he was soon seeking investors to help his business expand. He did find two investors interested in supporting his vision for growth, but soon after the initial expansion, the need for further development became an issue. The three business partners set out looking for an interested investor, and they found one in a highly successful businessman in another state.

Changes coming to commercial real estate in Texas?

Change is the only thing that truly seems constant, as nothing stays the same forever. Commercial real estate is considered one of the oldest industries in the United States, and it is one industry that many believe is due for major change. Texas residents who are involved in commercial real estate matters may see some significant industry developments coming in the next few years.

The real estate market goes through cycles of highs and lows every few years. The commercial real estate market is booming right now, and as the economy continues to improve, the growth seen in this industry is expected to continue. However, it is believed that certain changes are necessary in order to see continued progress. Some of these changes may include:

Dermatologist sued over breach of contract by business partner

When two or more people take the step to form a business together, each individual will put a great deal of money, blood, sweat and, sometimes, tears into getting the company off the ground. In order for each partner to protect his or her interests, legal contracts are created to identify what each partner is responsible for handling. Failure to meet the agreements laid out in such legal documents can be considered a breach of contract. Should a breach of contract occur, Texas business owners are entitled to pursue legal action against the individual who supposedly failed to hold up his or her end of the deal.

In another state, a dermatologist is being sued by his former business partner -- who is also a dermatologist -- after he chose to leave their practice after 20 years together and join a family-owned business. According to this individual's business partner, he put less money into the opening of their practice with the promise to reimburse his partner over the years. The plaintiff in this case claims that this reimbursement never took place, and the abrupt departure of the defendant has left the practice under-funded.